[HISTORY: Adopted by the Common Council of
the City of Peekskill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-27-1989 (Ch. 294, Art. I of the 1984 Code)[1]]
[1]
Editor's Note: This ordinance also repealed
former Ch. 294, Water, adopted 3-24-1986, as amended 9-22-1986.
A.
The following rules and regulations as established
by the Common Council of the City of Peekskill or as hereinafter amended
or modified are hereby made a part of any and all agreements or contracts
entered into by said City with each and every consumer, builder, developer,
taker or user of water furnished directly or indirectly from the water
mains of said City with the same force and effect as therein set forth
in full.
B.
Each and every consumer, user or taker of water from
the City and each and every recipient of any permit, license and/or
services from said City shall in all respects be bound by, and shall
be deemed to have agreed to, the rules, regulations, requirements
and schedules of water rates and other charges of said as herein set
forth or amended or modified as a condition precedent to rights to
service from said City.
As used in this chapter, the following terms
shall have the meanings indicated:
Sums charged and paid for work, labor and services rendered
for the installation, replacement, removal or repair and testing.
An automatically operated valve designed to permit the flow
of water in one direction only.
The duly elected members of the Common Council of the City
of Peekskill.
The supply pipe owned and maintained by the property owner
which carries water from the curb stop to the meter on the owner's
premises.
The valve, usually located in the vicinity of the curb or
sidewalk, which controls the supply of water to the individual consumer.
Double check valve, utilized in cross-connection control
when the substance which might enter the potable water system does
not constitute a health hazard, only a nuisance.
The City of Peekskill Water Department.
Sums charged and paid for all applications filed with the
City of Peekskill Water Department.
Any nonresidential use whose primary business is the manufacturing,
assembling, converting, altering, finishing, burning, cleaning or
any other processing of products or materials and which derives less
than 50% of its gross annual revenue from the direct retail sale of
its goods or services to individual consumers.
[Added 12-12-2005 by L.L. No. 16-2005]
Pipes in the street which deliver the water to the service
pipes attached thereto and which supply the premises of an owner.
Mechanical device which registers and records the quantity
of water supplied to the user.
Lawfully affixed charges or actions placed against a user
for violation of the rules and regulations of the City of Peekskill
Water Department.
Sums charged and paid for actual water consumption, minimum
usage.
Reduced-pressure-zone device, utilized in cross-connection
control when the substance which might enter the potable water system
does constitute a potential health hazard.
Connecting pipe leading from the tap in the distribution
main to the curb stop.
Installations, repairs, turn-ons and turnoffs, replacements
and removals, testing and inspections.
The duly licensed and appointed person of the City having
charge of the City Water Department.
Drilling into a distribution main for the purpose of making
a service connection.
All authorized individuals, districts, municipalities, corporations
or other entities drawing water from the system of the City of Peekskill,
or any other district duly authorized and existing pursuant to the
laws of the State of New York or laws and ordinances of any subdivision
thereof.
A.
Application; review and approval.
(1)
All parties desiring the use of water from the mains
of the City and/or the services of the Department shall make application
therefor on the form or forms prescribed by the Department; such application
shall be duly executed by the record owner of the premises to be served
and filed with the Department. All applicants shall also deposit with
the Department a sum equal to the fees and charges herein set forth.
(2)
Upon the proper filing of an application and the deposit
of all proper fees and charges, the Superintendent shall review such
application and may approve the same; provided, however, that upon
such approval, no one other than the applicant shall make use of the
City's water, services or facilities without the prior written consent
of the City, nor shall such water, services or facilities be used
in any manner nor for any purpose other than set forth in such application
as approved by the Superintendent without prior written consent of
the Superintendent except as may be herein provided. All water used
by the consumer shall be metered.
B.
A special permit must be obtained from the Water Superintendent to
withdraw water from City hydrants for any purpose not related to fire
emergency. The Water Superintendent may require an applicant to install
at its own cost a backflow prevention and metering device approved
by the Water Superintendent.
[Amended 6-9-1997; 1-10-2005 by L.L. No. 1-2005; 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L.
No. 4-2017]
(1)
A fee set forth in the Consolidated Fee Schedule maintained in the
office of the City Clerk will be charged for hydrant use. An additional
deposit set forth in the Consolidated Fee Schedule maintained in the
office of the City Clerk will be refunded upon final inspection of
said hydrant. Any unauthorized use of a fire hydrant shall constitute
a violation of this rule and be subject to a penalty of $200.
(2)
The charge for water shall be set forth in the Consolidated Fee Schedule
maintained in the office of the City Clerk. This number may be adjusted
on devices used and water to be consumed.
C.
No one, other than a legally established water district,
taking water from the system of the City as a user shall sell, or
offer to sell, give or supply water to any other water district or
to any other person or entity engaged in the business of selling and/or
supplying water to any other person or entity.
D.
No installation of refrigeration and/or air-conditioning
equipment requiring the use of City water, either temporarily or permanently,
shall be installed on any premises supplied from the City system.
A.
Except as otherwise provided herein, any person violating
these rules and regulations shall be subject to a penalty not to exceed
$500 and, after 24 hours' notice to the owner, agent or occupant of
the premises upon which such violation occurs, shall be subject to
a like penalty for each day that such violation continues.
[Amended 1-10-2005 by L.L. No. 1-2005; 5-14-2007 by L.L. No. 3-2007]
B.
If at any time the health of the public is in question and the Water Superintendent deems it to be in the best interest of the public, water may be shut off at the curb immediately by this Department. Water services will not be restored until all provisions of § 560-4C are in compliance.
C.
In case of the violation of any of the rules and regulations the Superintendent, upon three days' notice to the owner, agent or tenant of the premises affected, may discontinue the supply of water, and such supply shall not be made available until all rules and regulations are complied with and unpaid charges, rents and penalties are paid, together with such fees for turning off the water or for turning on the water as are established in §§ 560-10 and 560-11.
D.
Service of any notice, authorized or directed by or
on behalf of the Department, may be made upon the owner or consumer
personally or by posting the same at the premises where water is supplied
or by sending the same by certified mail to such party at the last
address furnished to the City of Peekskill Water Department.
A.
Should a person desire to discontinue the use of water,
the Department shall be notified in writing as to the time and location
at which such discontinuance is desired. The Department will shut
off the service at the curb box and remove the meter. Should it be
desired to resume the use of water, the Department shall be notified
in writing as to the time and location at which such service is desired,
and the Water Department will turn on the water at the curb box and
install a meter.
B.
The charges for shutting off and turning on such service shall be made in accordance with the rates as established in §§ 560-9 and 560-10. No charge will be made for service during the period in which it is discontinued, as set forth, except that the minimum charge as hereinafter established shall be made for any portion of a quarter year in which said service is in effect.
A.
Applications for service shall be made to the Department.
Within a reasonable time after the granting of the application, and
after the receipt of the required charges, the Department will make
the required tap to its main and furnish, install and maintain all
service lines from the main to and including the curb stop and box,
which shall be placed from one to two feet outside the curbline, all
of which service line shall be the property of the Department and
shall be accessible to and under its control. The property owner will
perform or have performed all excavation, backfilling and pavement
and sidewalk restoration. All work shall be done under the proper
permits.
B.
In case it is desired to secure water from the City
mains to supply privately constructed mains within the City, it will
be necessary that said privately constructed mains be dedicated to
the City, together with easements over the land on which they are
located. All privately constructed mains proposed to be dedicated
to the City shall be constructed in accordance with plans and specifications
approved by the Superintendent and all applicable rates and regulations
of the Department of Health of the State of New York and County of
Westchester.
C.
All such mains shall be dedicated to the City no earlier
than one year after their completion and approval by the Superintendent.
All services and/or taps related to said mains for the purpose of
serving individual residences and individual metering shall be made
by the City, and all charges and rates relative to the same shall
be paid to the City by the applicant/developer. A two-year guaranty
shall accompany all dedicated mains and appurtenances. All work shall
be inspected prior to backfilling by either the Water Superintendent
or a duly authorized representative.
D.
No work shall be performed upon the City mains or
upon the services connected thereto between the curb box, and no work
shall be done between the curb box and the meter except by a licensed
plumber under the direction of the Department.
E.
A separate tap and service line shall be installed
for each building located on a street in which there is a City water
main, except that a single service line may serve more than one building
where such buildings are under single ownership and within the same
tax lot, as designated on the City tax maps. Should such buildings
come under separate ownership or tax lots, however, the owner of the
buildings furthest from the water main to which the service line is
tapped off shall install a separate service line to such building(s).
There shall not be more than one service meter for each tax lot unless
approved in writing by the Superintendent.
[Amended 9-14-1998]
F.
Whenever it is discovered that a service line supplies
two or more buildings which are not under the same ownership and on
the same tax lot, the owner(s) of the tax lot(s) furthest away from
the water main to which the service line is tapped off shall install
a separate service line to the building(s) within such tax lot(s).
[Amended 9-14-1998]
G.
After the application has been approved, the applicant
shall excavate the trench necessary for the service pipe between the
water main and the meter. Such a trench shall be excavated to a depth
which will provide at least four feet of cover over the service pipe
and shall be located in such a manner as to be nearly as possible
at right angle to the street line. Upon completion of such work, the
Department shall be notified and shall cause an inspection to be made
of the completed work. Upon approval of the same, the applicant shall
cause the trench to be backfilled and property compacted. Material
used in such backfill shall be clean earth, free from stone and cinders,
to a depth of at least 18 inches above the pipe. The remainder of
the backfill shall be free from cinders and other deleterious material.
H.
No water pipe shall be laid in the same trench with
the gas pipe, fuel-oil pipe, sewer pipe or any other facility of a
public service company, nor within three feet of any open excavation
or vault. No branch connection of any kind shall be made to the connecting
pipe.
I.
The minimum size service pipe to be installed shall
have a diameter of 3/4 inch, type K copper, and, in making the application,
the applicant shall state the size of service desired. The Department
may require a larger line because of hydraulic conditions.
J.
Should a leak develop in the service line between the curb box and the meter, the Department shall be immediately notified, and the owner shall promptly make said repair. If, within five days of notification, the owner fails to make repairs, the City may, at its option, make or have made necessary repairs and charge the cost of said repairs to the owner. In case any such charge remains unpaid for more than one month after presentation of the bill, the City will turn off the water at the curb stop after notification, and it shall not be turned on until all charges in connection therewith are paid, which charges includes penalties, administration costs, interest, etc., the amount as stipulated under §§ 560-9 and 560-10.
K.
No connection of any kind shall be made to the service
pipe between the main and the meter.
L.
In case it is desired to abandon the service, the
Department shall be notified, and the service will be disconnected
at the main. This work, excluding excavation, backfilling and restoration
work, shall be performed by the Water Department, and the expense
incurred shall be charged to the owner.
M.
No service pipe shall be installed which has a length
greater than 60 feet as measured from the curb stop to the building.
In those cases where the length of the service exceeds 60 feet, the
owner shall be required to construct a meter pit, in accordance with
the requirements of the Department, adjacent to the street line for
the installation of the meter. The construction of the service line
and meter pit shall be at the expense of the owner. All waterline
installations and repairs must be made by a City of Peekskill licensed
plumber after securing proper permits.
N.
Fire lines for sprinkler systems shall include a detect-check
valve. This valve shall be considered a meter and shall be subject
to the rules and regulations dealing with meters. A backflow prevention
device may also be required. Fire service line use shall be restricted
to sprinkler systems only. Installation shall conform to all City
rules and regulations established herein. Fire lines shall be subject
to an annual fee based on size. The fees shall be set forth in the
Consolidated Fee Schedule maintained in the office of the City Clerk.
[Amended 9-29-2003 by L.L. No. 13-2003; 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L.
No. 4-2017]
A.
Meters to one inch in size will be furnished and installed
by the City and shall remain the property of the City of Peekskill
Water Department. Meters larger than one inch shall be supplied by
the City in a setting provided by the owner. The owner shall be charged
for the purchase cost of the meter and couplings. Only meters acceptable
to the Superintendent will be used. Any service testing and/or repairs
required after installation shall be taken care of by the City, and
the costs shall be charged to the property owners. All meters shall
remain the property of the City of Peekskill.
B.
Arrangement of plumbing; pressure-reducing valves;
right of entry.
(1)
The plumbing in the building shall be so arranged
that the meter along with shutoff valve on the inlet side and outlet
side of meter shall be located in a horizontal position not more than
three feet from the building wall closest to the nearest public water
main, the entry point of each building.
(2)
The Superintendent may have the consumer install pressure-reducing
valves on the plumbing system within the building. These valves shall
be installed on the outlet side of the meter. The meter must be kept
accessible at all times.
(3)
The employees and/or agents of the Department may
enter the premises of the consumer at any reasonable time to examine
the meter and its connections and to determine the quantity of water
used and the method and manner of its use. Except in cases of emergency,
the hours between 8:00 a.m. and 4:30 p.m. shall be considered as reasonable
hours for this purpose.
C.
Should the consumer feel that the meter is not registering
properly, he shall file a complaint with the Department, whereupon
the meter will be removed and tested by the Department. If it is found
to register against the consumer by more than 2%, there will be no
charge for removing, repairing and resetting the meter. However, if
the meter is not found to register against the consumer in an amount
more than 2%, a charge for testing will be set forth in the Consolidated
Fee Schedule maintained in the office of the City Clerk, provided
that the Water Department is requested to make such test in writing.
This applies to one-inch meters and smaller only. Additional testing
of one-inch and smaller meters will be subject to a minimum charge
set forth in the Consolidated Fee Schedule maintained in the Office
of the City Clerk. Meters larger than one inch will be charged on
a time and material basis.
[Amended 1-10-2005 by L.L. No. 1-2005; 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
D.
Should the meter not be in working order and fail
to properly register water consumption, the City may, at its option,
fix the charge against the consumer according to the consumption during
a previous corresponding period and change the meter if deemed necessary
at no charge. No deductions shall be made from the amount of any bill
on account of leakage after water has passed through the meter.
E.
It shall be the duty of the property owner to protect
the property of the City from harm. Should a meter become frozen or
otherwise damaged or inoperative, it shall be repaired or replaced
by the Department, and the expense thereof shall be paid by the owner.
F.
Only one meter will be furnished for each service.
G.
All persons are forbidden to interfere with or remove
a water meter from any service after it has been attached. Such interference
or removal shall be considered as a violation of these rules, and
the person so doing shall be subject to the penalties prescribed for
such violations.
H.
No seal placed by the City for the protection of any
meter, valve, fitting or other water connection shall be tampered
with or defaced. It shall not be broken except on written authorization
from the City. Where the seal is broken, the City reserves the right
to order the meter removed for test at the expense of the consumer,
in addition to a penalty not exceeding $200.
[Amended 1-10-2005 by L.L. No. 1-2005]
I.
Where meters are installed at a point other than in
a building, the owner will be required to construct, at his own expense,
a suitable meter pit, in accordance with the standard design on file
in the office of the Superintendent.
J.
All meters will read in gallons and include remote
readers.
A.
The City shall have control of the installation, maintenance,
repair and adjustment of all taps, mains, valves, hydrants, curb boxes,
service lines, meters and all other appurtenances. The City of Peekskill
shall not be liable to any of its users for any damage whatsoever,
direct or indirect, that any of its users or consumers may sustain
by reason of the shutting off or interruption of the flow of water
or reduction in head, nor shall the City or the Department be responsible
or liable for any other breaks, obstructions or interruptions in service
arising from any cause whatsoever, except that they will take such
steps as are reasonable upon prompt notification to make such repairs
as may be necessary to restore service, and users and consumers shall
allow any agents, servants and employees of the Department to enter
upon their property to make such repairs as may be necessary to correct
any foreign conditions.
B.
Service shall be controlled at the curb stop, and
water shall be turned off and on only by employees of the Department
upon filing proper notice with the Department. Violation of this rule
shall be sufficient cause for discontinuing service and/or a penalty
of $200.
[Amended 1-10-2005 by L.L. No. 1-2005]
C.
The Department shall not be liable for any damages
which may be caused to any consumers' pipes, waterlines, appliances,
property, buildings, equipment or any and all other property, real
and personal, belonging to any user or consumer resulting from the
shutting off of the flow of water in its mains or service pipes for
any purpose whatsoever, regardless of whether previous notice had
been given of the same.
D.
In cases where boiler pressure tanks, filters or other
special equipment are supplied with water, a suitable valve or other
device must be installed to prevent damage in case water supply is
shut off.
E.
The City of Peekskill Water Department reserves the
right to control the amount of water supplied in the event that the
supply becomes limited for any reason. It especially reserves the
right at any time it is considered necessary to prohibit the use of
water for sprinkling of lawns or gardens or any other nonessential
use, including filling pools and washing motor vehicles.
F.
The City of Peekskill Water Department does not guarantee
service from the meter through the house or through any piping, valves
or connections therein. Any necessary changes, internal piping, valves
or connections to increase the water supply or efficiency must be
made by the owner at his own expense.
G.
The applicant shall be required to notify the Water
Department of any leak occurring or damage to the service line in
order to prevent unnecessary waste of water. The cost of repairs to
their service line between the curb stop and the meter, or the cost
to repair damages caused by the leak, shall be paid by the consumer.
[Amended 11-30-1992; 7-29-1996; 2-28-2000; 3-24-2003 by L.L. No. 4-2003; 12-8-2003 by L.L. No. 15-2003; 1-10-2005 by L.L. No. 1-2005; 12-12-2005 by L.L. No. 16-2005; 11-27-2006 by L.L. No. 8-2006; 12-10-2007 by L.L. No. 9-2007; 3-10-2008 by L.L. No. 3-2008; 11-24-2008 by L.L. No. 11-2008; 3-9-2009 by L.L. No. 6-2009; 2-27-2017 by L.L. No.
1-2017; 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
A.
Commencing January 1, 2009, all water sold by the City of Peekskill
shall be at the rates set forth in the Consolidated Fee Schedule maintained
in the office of the City Clerk.
C.
All parties requiring a final reading will pay a fee set forth in
the Consolidated Fee Schedule maintained in the office of the City
Clerk.
D.
All rates and charges, fees and penalty charges for water consumption,
service and purposes within the City shall be established by the City
Council, and all such rates and charges and subsequent amendments
thereof shall be filed in the office of the City Clerk. Quarterly
bills shall cover a three-month period and be paid without penalty
within 30 days from the billing date.
E.
Interim rate adjustments may be made due to significant changes in
the cost of production, after posting, for a minimum period of 30
days.
F.
Water bills shall become due and payable quarterly, bills to be issued
on a rotation basis.
G.
Bills can be obtained at the office of the City Comptroller after
the first five days of each period. The City Comptroller may send
out bills as an accommodation to the consumer, but delivery of such
bills to the proper party is not guaranteed. If the consumer does
not receive a bill on or before the fifth day of the period, he should
call at the office of the Department.
H.
All bills for water are due and payable at the office of the City Comptroller on the first day of the month following the quarter for which water charges are made. All amounts due for water will be received without penalty during the first month following the quarter charged. After this, a penalty at a rate set forth in § 560-10 will be added to the bill each month the bill remains unpaid. In accordance with provisions of Peekskill City Charter § C7(i)(1), all bills due for a given year but unpaid by December 31 of that year shall be sent to the City Comptroller for collection unless paid by the last day of February in the following year. Penalties will be assessed until the list of delinquent accounts are sent to the City Comptroller, at which time such outstanding accounts, including water charges, with outstanding water service fees and assessed penalties, shall be re-levied to the tax roll as a continuing lien upon the real estate against which such charges are made and shall be enforced in the same manner as real property taxes pursuant to Peekskill Charter § C7(i)(1). In addition, at the time of the re-levy, the Comptroller shall add 15% of outstanding water charges, water service fees and assessed penalties to the re-levy, which shall constitute an administrative fee for the re-levy. From the time of the re-levy, all amounts included in the re-levy, including all outstanding water charges, water service fees, assessed penalties and administrative fees, shall accrue interest pursuant to the same rates and in the same manner as assessed against City realty property taxes.
A.
The City Manager is hereby empowered to provide the
necessary forms for billing customers, which billing may be either
monthly, quarterly or such other periods as the City Manager may direct.
B.
All bills shall be assessed against the property owner.
Penalty for unpaid bills shall be 7 1/2% during second month
and 1 1/2% each additional month.
[Amended 1-10-2005 by L.L. No. 1-2005]
C.
If the minimum rate is assessed, no credit shall be
allowed for water not utilized in computation of future bills. Future
bills shall be computed based on the last meter reading recorded.[1]
[1]
Editor's Note: Original § 294-10D,
which immediately followed this subsection, was repealed 12-12-2005
by L.L. No. 16-2005.
D.
If two successive bills are not paid within 30 days
of the last billing date, the Superintendent of the Water Department
shall cause the water service to be shut off, and it shall not be
turned on until such bill, including arrears and penalties, has been
paid, together with a service charge set forth in the Consolidated
Fee Schedule maintained in the office of the City Clerk.
[Amended 1-10-2005 by L.L. No. 1-2005; 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
E.
A service charge shall be assessed for removal or
installation of a meter if such removal is for the purpose of discontinuing
service. This service charge shall be set forth in the Consolidated
Fee Schedule maintained in the office of the City Clerk for each removal
or reinstallation.
[Amended 1-10-2005 by L.L. No. 1-2005; 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
F.
All calls for services before or after the normal
operating hours of the Water Department from Monday through Friday
shall be the responsibility of the property owner. A minimum bill
in the amount of not less than three hours at the appropriate overtime
rate, plus material, shall be due and payable and included with the
monthly, quarterly or such other billing period as the City Manager
may prescribe.
[Added 11-30-1992]
G.
Service charge credits. Whenever a consumer is notified
of a leak on the service line on the consumer's side of the water
meter, the consumer may be eligible for a one-time-only service charge
credit, for the period which the property is owned by said consumer,
that shall consist of adjusting the water bill equal to a billing
period plus 25% of the usage charge attributable to the water leakage,
provided that the consumer meets the following conditions:
[Added 2-8-1999]
(1)
The consumer's property is used for residential purposes
only and is within the boundaries of the City of Peekskill.
(2)
The consumer must repair the water leak within 10
days of being notified that a leak exists.
(3)
The leak must exist in such a way that it was undetected
except through an increase in water consumption.
(4)
The billing period shall be considered one year prior
to the water leakage event.
(5)
The compromise shall be authorized by the City Manager
upon the recommendation of the Water Superintendent.
[Amended 11-30-1992; 4-14-2003 by L.L. No. 7-2003; 2-27-2017 by L.L. No. 1-2017]
A.
Service connections shall be made and water furnished only upon written
application of the owner of the property or his duly authorized agent
on form of application to be furnished by the City for that purpose
and after approval of the application by the City. The application
shall clearly indicate the location of the property and the purpose
for which the service will be used. Such application form shall distinctly
provide that the applicant makes his application subject to all rules
and regulations of the City.
B.
All applications for service must be accompanied by the regular tapping
charge. This charge varies with the size of tap desired. No tap less
than 3/4 inch will be made.
[Amended 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
(1)
The charge for three-fourths-inch and one-inch taps shall be established
by the Water Superintendent on a yearly basis based on current labor
costs plus a ten-percent administrative fee and shall be set forth
in the Consolidated Fee Schedule maintained in the office of the City
Clerk. These costs shall be established and posted no later than January
15 of each year.
(2)
The charge for two-inch through twelve-inch taps shall be established
by the Water Superintendent on a yearly basis based on current labor
costs and shall be set forth in the Consolidated Fee Schedule maintained
in the office of the City Clerk. Tapping sleeves, valves and meters
acceptable to the Superintendent shall be provided by the owner or
the contractor.
(3)
For cases of new or rehabilitative construction where the developer
makes the taps and installs the connections for a three-fourths-inch
or one-inch line, the charge shall cover the cost of installing the
meter and an inspection fee which shall be set forth in the Consolidated
Fee Schedule maintained in the office of the City Clerk. The developer
shall provide a meter acceptable to the Superintendent.
A.
The City of Peekskill will strictly enforce the containment
and prevention of backflow occasioned or caused by any cross-connections.
It shall be the responsibility of the user to prevent any such backflow
from entering any water piping that could result in such contaminants
entering the public water supply, and, in accordance with procedures
and standards acceptable to and approved by the New York State Commissioner
of Health and the provisions of the Public Health Law and Sanitary
Code of the State of New York, the City shall require an acceptable
air gap, reduced-pressure-zone device, double-check-valve assembly
or equivalent protective valve acceptable to the City of Peekskill
Water Superintendent and State Commissioner consistent with the degree
of hazard posed by any service connection.
B.
All such protective devices shall be at all times
accessible for inspection and testing by a private cross-connection
control device tester and shall be tested and inspected annually by
a cross-connection tester certified and approved by the New York State
Department of Health. The aforesaid annual period shall commence from
the date of installation.
C.
The cost and expense of said annual testing shall
be borne by the user. Users who fail to provide the City of Peekskill
with documentary proof of the foregoing within 15 days from the due
date shall be subject to a fine of $200. The City may also, at its
option, have the device tested by a certified tester, and the user
shall reimburse the City of Peekskill for any and all expenses incurred
for having these services provided.
[Amended 9-29-2003 by L.L. No. 12-2003]
D.
A user of the City of Peekskill water may not use
any other source of water supply other than the City of Peekskill
in connection with, simultaneously with or incident to any cross-connection
without the consent and approval of the City of Peekskill Water Superintendent.
Such approval will not be granted to any user failing to meet and
comply with the provisions of the Public Health Law and Sanitary Code
of the State of New York. No user of water from the City of Peekskill
shall use, maintain or install any cross-connection with any other
piping system upon such user's premises.
[Adopted 9-27-1993 (Ch. 294, Art. II of the 1984 Code)]
A.
Upon receipt of a report or recommendation from the
Department of Water based upon factors, including but not limited
to the levels of the City's water supply sources, precipitation levels
in the City and its watershed area and the time of year, the City
Manager may declare the existence of a drought in the City of Peekskill,
and, upon providing notice thereof by publication in a newspaper of
general circulation in the City and by transmittal to the radio and
television media in the area, the following restrictions on water
consumption shall apply 24 hours thereafter:
(1)
The use of fire hydrants for any purpose other than
fire protection is prohibited.
(2)
The serving of water to patrons in restaurants, clubs
or eating places unless specifically requested by the customer is
prohibited.
(3)
All industrial and commercial businesses must formulate
and implement a water conservation plan which reduces consumption
by 15%, which plan shall be submitted to the City within 45 days for
approval. For purposes of this subsection, the average water meter
readings for three calendar years prior will be the basis for comparison.
(4)
The operation of car washes, unless recirculating
equipment is used, is prohibited. Companies not presently using recirculation
equipment must submit plans to install such equipment within 30 days
of the effective date of this article and complete work within 90
days of such effective date.
(5)
Ornamental or display use of water, whether or not
such water is recycled water, including fountains, artificial waterfalls,
reflecting pools, lakes and ponds, is prohibited.
(6)
The use of hoses for street, driveway, sidewalk and/or
automobile washing is prohibited. Automobile washing with a bucket
is permitted.
(7)
Watering of lawns and plants.
(a)
Watering of lawns and gardens will be restricted
to a maximum of four hours per day between the hours of 7:00 a.m.
and 9:00 a.m. and 7:00 p.m. and 9:00 p.m. only. Persons or businesses
located at even-numbered addresses may water lawns and gardens on
even-numbered days only. Persons or businesses located at odd-numbered
addresses may water lawns and gardens on odd-numbered days only. Persons
or businesses located at addresses that are neither odd nor even numbered
may water lawns and gardens on odd-numbered days only.
(b)
Water may be used, without restrictions on maximum
hours of use per day and at any time, to irrigate, from a hand-held
container, vegetables and fruits grown for human consumption. Plant
nurseries and other commercial users engaged in the business of growing,
distribution or selling plants may, without restriction on maximum
hours of use per day and at any time, use such water on their business
premises for watering shrubs, plants and trees, provided that such
user formulates and implements a water conservation plan which reduces
consumption of water by 15%, which plan shall be submitted to the
City within 45 days for approval. For purposes hereof, the average
water meter readings for three prior calendar years will be the basis
for comparison.[1]
(8)
The use of water in the cleaning of the exterior of
buildings is prohibited.
(9)
Leaks in house water connections shall be repaired
within 48 hours.
B.
Swimming pools shall not be filled more than once
per year; provided, however, that spillage may be replenished. All
swimming pools must be equipped with a recirculating filter.
C.
At any time during the existence of a drought hereunder,
the City Manager may, on the basis of a report or recommendation from
the City's Water Department, in order to effectuate the purpose of
this article, promulgate regulations affecting water consumption in
addition to the restrictions set forth in this section, which regulations
shall become effective 24 hours after they are filed with the City
Clerk and notice thereof has been provided by publication in a newspaper
of general circulation in the City and by transmittal to the radio
and television media in the area.
D.
If at any time during the existence of a drought hereunder the City Manager determines, on the basis of a report or recommendation from the Department of Water, that the restrictions set forth in Subsection A of this section have not resulted in a sufficient level of conservation in light of existing water supply conditions, the City Manager may declare a severe drought, and, upon providing notice thereof by publication in a newspaper of general circulation in the City and by transmittal to the radio and television media in the area, the following restriction on consumption of water shall apply 24 hours thereafter, in addition to those imposed under Subsection A of this section:
(1)
Swimming pools shall not be filled, nor shall spillage
from swimming pools be replenished.
(2)
Lawns and gardens shall not be watered, except that
water may be used to irrigate, from a hand-held container only, vegetables
or fruits grown for human consumption.
(3)
All water users required under Subsection A of this section to formulate and implement water conservation plans shall formulate, implement and submit for approval such further water conservation plans to enable them to reduce water consumption by an additional 5% or a total of twenty-percent reduction in water use.[2]
E.
If at any time during the existence of a severe drought hereunder the City Manager determines, on the basis of a report or recommendation from the City's Department of Water, that water consumption must be further reduced to accomplish the purpose of this legislation, the City Manager may declare an extreme drought, and, upon providing notice thereof by publication in a newspaper of general circulation in the City and by transmittal to the radio and television media in the area, the following restrictions on consumption of water shall apply 24 hours thereafter, in addition to those imposed under Subsections A and D of this section:
(1)
All water users, both residential and nonresidential,
shall install water-flow-restricting devices in all fixtures.
(2)
No air-conditioning system using water shall be operated
during the hours of 7:00 a.m. to 11:00 p.m. daily, except in health
care facilities.
(3)
All water users required under Subsections A and D of this section to formulate and implement water conservation plans shall formulate, implement and submit for approval such further water conservation plans to enable them to reduce water consumption by an additional 5% or a total of twenty-five-percent reduction in water use.[3]
F.
If at any time during the existence of a drought condition set forth in Subsection A, D or E of this section the City Manager, on the basis of a report or recommendation from the City's Department of Water, determines that the restrictions imposed have resulted in a sufficient level of conservation in light of existing water supply conditions, the City Manager may reduce or terminate the restrictions then in effect, by declaration, upon providing notice thereof by publication in a newspaper of general circulation in the City and by transmittal to the radio and television media in the area.
G.
The restrictions imposed under Subsections A, D and E of this section shall not apply to the use of water imported into the City of Peekskill and derived from a source other than the City of Peekskill watershed or derived from a source outside of the New York City water system and shall not apply to precipitation collected by the user, unless the City Manager by regulation shall otherwise restrict the use of such water.
A.
Any violation of any restrictions in § 560-13 of this article shall be an offense punishable by a fine of $100 for the first offense, a fine of $250 for the second offense and a fine not to exceed $750 for the third and every subsequent offense or, alternatively, by a maximum of 15 days' imprisonment for each offense after the second offense, except that any person violating any restrictions imposed under Subsection E of § 560-13 of this article and who has been convicted of at least two other offenses under said § 560-13 shall be subject to a fine not to exceed $1,500. Each day that any violation under § 560-13 of this article continues shall constitute a separate offense for which a fine or imprisonment may be imposed.
[Amended 1-10-2005 by L.L. No. 1-2005]
B.
In addition to any other penalties prescribed by law,
any violation of any provision of this article shall be punishable
by a civil penalty of not more than $100 for the first violation and
not less than $100 nor more than $1,000 for the second and every subsequent
violation. Each day that such violation continues shall constitute
a separate violation for which such civil penalty may be imposed.
